2. Check the minimum notice periods
Question & AnswerI’ve been fired. How much notice should I get?
Ontario’s (ESA) has rules about minimum amount of notice employers need to give employees who are fired.
|If you’ve worked for:||You should get at least this much notice:|
|Less than 3 months||No minimum notice|
|At least 3 months but less than 1 year||1 week|
|1 year but less than 3 years||2 weeks|
|3 years but less than 4 years||3 weeks|
|4 years but less than 5 years||4 weeks|
|5 years but less than 6 years||5 weeks|
|6 years but less than 7 years||6 weeks|
|7 years but less than 8 years||7 weeks|
|8 years but less than 9 years||8 weeks|
Working for a temp agency
A temp agency usually has to give you one week’s if:
- the agency sends you to a job that’s scheduled to last 3 months or more, and
- the job ends before 3 months.
But they don’t have to do this if, during your one week’s notice:
- they offer to send you to another job,
- the new job is scheduled to last for at least one week, and
- the work is reasonable for you.
For example, work might not be reasonable for you if:
- there’s no way for you to get to the job and back home each day
- you’re not physically able to do the work
If an employer fires 50 or more workers within a period of 4 weeks, the minimum notice periods might be different. This is sometimes called “mass termination”.
The rules about mass termination are for situations like a large company going out of business or a factory shutting down.
With mass termination, the amount of notice you get doesn’t depend on how long you worked for your employer but on the number of workers being fired.
|Number of employees being fired:||Amount of notice:|
|50 to 199 employees||8 weeks|
|200 to 499 employees||12 weeks|
|500 or more employees||16 weeks|
To find out more about your right to notice if you’re fired, use the Ontario Ministry of Labour’s online Termination Tool.